BILL NUMBER: AB 898	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JULY 13, 1995
	AMENDED IN ASSEMBLY   MARCH 27, 1995

INTRODUCED BY  Assembly Member Knight

                        FEBRUARY 22, 1995

   An act to amend  Section   Sections 9100 and
 9102 of the Family Code, relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 898, as amended, Knight.  Adoption. 
   Existing law requires a petition to be filed within 5 years after
entry of an order of adoption in order to set aside the order of
adoption on the grounds that the adopted child shows evidence of a
developmental disability or mental illness as a result of conditions
existing before the adoption to the extent that the child cannot be
relinquished to an adoption agency because the child is considered
unadoptable and the adoptive parent had no knowledge or notice of
these conditions prior to the order of adoption.
   This bill would require the petition to be filed within 3 years
after entry of an order of adoption. 
   Under existing law, an action or proceeding of any kind to vacate,
set aside, or otherwise nullify an order of adoption on the ground
of any defect or irregularity of procedure in the adoption proceeding
is required to be commenced within 3 years after entry of the order,
and an action or proceeding of any kind to vacate, set aside, or
otherwise nullify an order of adoption on any other ground is
required to be commenced within 5 years after entry of the order.
   This bill would instead provide that an action or proceeding of
any kind  , except for fraud,  to vacate, set aside, or
otherwise nullify an order of adoption on any ground shall be
commenced within one year  , and, in instances of fraud, 3 years,
 after entry of the order.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   Section 9100 of the Family Code is amended to
read:
   9100.  (a) If a child adopted pursuant to the law of this state
shows evidence of a developmental disability or mental illness as a
result of conditions existing before the adoption to an extent that
the child cannot be relinquished to an adoption agency on the grounds
that the child is considered unadoptable, and of which conditions
the adoptive parents or parent had no knowledge or notice before the
entry of the order of adoption, a petition setting forth those facts
may be filed by the adoptive parents or parent with the court that
granted the adoption petition.  If these facts are proved to the
satisfaction of the court, it may make an order setting aside the
order of adoption.
   (b) The petition shall be filed within  five 
 three  years after the entry of the order of adoption.
   (c) The court clerk shall immediately notify the department at
Sacramento of the petition.  Within 60 days after the notice, the
department shall file a full report with the court and shall appear
before the court for the purpose of representing the adopted child.

  SEC. 2.   Section 9102 of the Family Code is amended to read:

   9102.   (a)  An action or proceeding of any kind to
vacate, set aside, or otherwise nullify an order of adoption on any
ground  , except fraud,  shall be commenced within one year
after entry of the order.  
   (b) Where there is a claim of fraud in an adoption, the person
claiming he or she was defrauded may elect to either have the order
of adoption vacated, set aside, or nullified, or may sue for damages.
  An action or proceeding of any kind to vacate, set aside, nullify,
or seek damages with regard to an order of adoption, based on fraud,
shall be commenced within three years after entry of the order.